General Terms and Conditions
Terms of sale and delivery
General provision: the components processed by NG-Motorsports GmbH are intended for motorsport use and are not approved for use on public roads! We sell and deliver exclusively under the following terms. Verbal agreements are not binding. Statements and assurances are only binding once confirmed by us in writing.
Delivery / delivery times
All deliveries are made from Helpsen at the customer’s risk. Proof of proper dispatch of the goods is provided by the carrier’s receipt. Shipping is exclusively against advance payment. When an order is placed, 50 percent of the invoice amount is due immediately. Return shipment of refined components takes place only after full payment of the invoice amount. Properly delivered goods may only be taken back with our prior consent; the return shipment is at the buyer’s expense and risk. A 10% handling fee is reserved. All information on delivery times is approximate and non-binding, unless fixed delivery dates have been agreed. Claims for damages due to exceeding non-binding delivery times are excluded. Rejected samples are only provided on request and are charged separately.
Prices
Prices are exclusive of insurance, packaging, and shipping costs. Subject to price changes and errors. Payment terms are cash, advance payment, or, for customers already known to us, cash on delivery. The prices stated refer to the processing of delivered and intact components.
Workmanship
Where turned and milled parts are concerned, the workmanship of the ordered goods is of commercial standard. Unless inquiries and orders, or the drawings provided with them, specify requirements regarding surface finish, dimensional accuracy, etc., the provisions of DIN 267, grade m (medium), are deemed agreed. Valve guides are supplied in accordance with the DIN standards applicable to the turned-parts and fastener industry. Otherwise, specific requirements for precise dimensional accuracy must be stated and agreed upon at the time of ordering.
Warranty
Natural wear and tear is excluded from the warranty. NG-Motorsports GmbH remedies any defect covered by the warranty at its own expense at its own premises. In the following exceptional cases, the defect may be remedied by another specialist workshop located closer to the vehicle’s location: 1. If the vehicle has become inoperable as a result of the defect and is more than 30 km from the premises of NG-Motorsports GmbH, provided NG-Motorsports GmbH agrees in advance.
2. If there is a compelling emergency; however, the customer is obliged to notify NG-Motorsports GmbH immediately, stating the address of the workshop engaged. NG-Motorsports GmbH bears the labour, material, freight and towing costs required for the purpose of the repair. If the customer is a legal entity under public law, a special fund under public law, or a merchant for whom the subject matter of the order is part of the operation of their commercial business, the towing costs will not be borne by NG-Motorsports GmbH. NG-Motorsports GmbH expressly points out that the work, services and deliveries offered and performed by it may reduce or extinguish the customer’s contractual or statutory warranty rights against the seller of the contractual item, or reduce or extinguish contractual or statutory guarantee claims against the manufacturer. The customer acknowledges that liability of NG-Motorsports GmbH is expressly excluded in this respect. If, in the exceptional cases under item 3, the defect is remedied at another specialist workshop, the customer must have it noted in the work order that the repair is being carried out on behalf of NG-Motorsports GmbH, and that removed parts must be kept available for a reasonable period. NG-Motorsports GmbH is obliged to reimburse the customer for repair costs demonstrably incurred; the customer is obliged to help keep the cost of the repair as low as possible. If NG-Motorsports performs the repair with gross negligence, or performs the rectification defectively through fault of its own, the customer, notwithstanding any further claims, is also entitled to a replacement vehicle or reimbursement of the costs of actually using a rental vehicle to the extent set out in section III no. 2. For commercially used vehicles, the provision in section IV no. 3 also applies accordingly. If the defect cannot be remedied, or a further attempt at rectification is unreasonable for the customer, NG-Motorsports GmbH may, instead of rectification, demand a reduction in remuneration, rescission of the contract, or, in the case of intent or gross negligence, damages. NG-Motorsports GmbH is not liable for damage arising directly or with delay from factory casting defects and manufacturing tolerances (porosity, core displacement) in the components being processed. Performance figures in kW, hp or Nm can only be guaranteed with a negative deviation of 5% of the stated maximum output, due to the varying performance parameters involved, such as air temperature, air pressure, air density, and the fuels or lubricants used by the customer, among others. For vehicles used in sporting or racing events, i.e. not in public traffic, and for all parts used in them, the warranty of NG-Motorsports GmbH is expressly limited (this also applies to such sporting or racing events for which the German Road Traffic Act (StVO) or similar, possibly foreign, legal provisions expressly apply, whether by contractual agreement or by law): all components are specifically modified for motorsport and may therefore have a significantly reduced service life compared to series-production engines. The customer must precisely check the compatibility of all engine parts used, as well as all dimensions and tolerances of the delivered cylinder head. Damage caused by defective or omitted engine tuning is likewise fully excluded from the warranty.
Duty of care
The buyer must ensure that all modifications and conversions to vehicles used in public road traffic are registered in the vehicle documents in accordance with statutory requirements. Any claims by the buyer or third parties against the seller arising from accidents of any kind are expressly excluded.
Liability
Claims for damages against the seller arising from vehicles with increased performance or otherwise non-standard equipment are excluded. Should used parts be sent in for processing that are damaged during further disassembly or processing due to age or wear, this is at the customer’s expense. Vehicles taken into the custody of NG-Motorsports GmbH must be insured by the customer with liability and comprehensive (Kasko) coverage!
Place of performance and jurisdiction
The place of performance is 31691 Helpsen. Bückeburg is agreed as the place of jurisdiction for all disputes between merchants, as well as in cases of unknown residence or relocation abroad after conclusion of the contract. German law applies.
Should individual provisions of this contract be or become invalid or unenforceable, either now or after conclusion of the contract, the validity of the remainder of the contract shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable arrangement that comes as close as possible to the economic purpose the contracting parties pursued with the invalid or unenforceable provision. The foregoing provisions shall apply accordingly in the event that the contract proves to be incomplete.
NG-Motorsports GmbH, shareholders Tim Schmale / Sarah Schmale, An der Bahn 10, 31691 Helpsen OT Kirchhorsten